Apartment exchange in Moscow: how not to end up with nothing?

For many Russians, exchanging an apartment is not just a way to improve their living conditions, but also an urgent necessity. Divorce of spouses, caring for elderly parents, children who have grown up and want to live separately - these are just a few of the reasons why apartments are exchanged. But this process, just like buying or selling, has its own subtleties that you need to know about in order not to be left without housing at all.

Exchange an apartment for... an apartment: a variety of options

So what is an apartment exchange? In the classical and legal sense, this is a transaction with housing, in which each party undertakes to transfer residential property into ownership of the other party (Article 567 of the Civil Code of the Russian Federation). Before privatization, the exchange of an apartment was the only way to change living conditions, but today in most cases the exchange occurs through purchase and sale. Exchanging an apartment in the classic way is a very complicated and troublesome matter, since it is necessary to find an option that would suit both parties at the same time. If more than two parties are involved in the exchange, then the complexity of the transaction increases several times.

There are many options for exchanging apartments, and each of them has its own characteristics that must be taken into account before making a decision.

Exchange with surcharge in both directions

Usually it is carried out on the condition that one of the apartments is unequal to the other in a number of ways. This could be an exchange of an apartment with a smaller area for a larger one, or apartments, one of which is located in an elite area and the other in a remote area. Sometimes housing in different quality conditions is exchanged in a similar way - for example, an apartment in good repair in a new building for an apartment in an old building. Special cases of exchange with an additional payment may be exchange for suburban residential real estate and out-of-town exchange. The amount of the surcharge usually depends on the specific circumstances of the exchange.

The process of registering an exchange with an additional payment implies the inclusion in the contract of a clause with a mandatory indication of the amount that must be paid additionally, the terms of payment and the procedure for making payments between the parties. The monetary amount is always indicated in rubles, even if the settlement process involves the transfer of foreign currency.

In accordance with Article 567 of the Civil Code of the Russian Federation, in addition to Chapter 31 of the Civil Code of the Russian Federation, to agreement for the exchange of a privatized apartment with an additional payment The principles of the sales contract also apply, i.e. Chapter 30 of the Civil Code of the Russian Federation. As a result, all parties are both sellers and buyers at the same time. An important point of such formalization of contractual relations is that the terms for registering the transaction coincide, in contrast to the counter-purchase and sale, and the possibilities of deception on either side are sharply reduced - the parties to the agreement get what they want.

Sometimes, at the stage of searching for options, one of the potential participants in the exchange declares that he is ready to exchange his home with an additional payment in both directions. This means that he chooses apartments not based on price - for example, in a specific area with developed infrastructure, in a prestigious building, etc. That is, during the exchange, he can pay extra for more expensive housing or accept the additional payment and exchange his apartment for a less expensive one.

Exchange of one apartment for several

Most often, this exchange option is in demand for family reasons - when relatives are traveling or moving away. In this case, a large apartment is replaced by several smaller ones or, conversely, several apartments are replaced by one large one. Exchanges are made both with and without surcharge. Sometimes this exchange option is used to improve living conditions, for example, when relocating communal apartments in the center of Moscow. In some cases, residents may be offered very favorable conditions - separate apartments in residential areas.

Exchange of equivalent apartments

This option is relevant when it comes to the convenience of the owners. The reason in this case may be a change in place of work, a new school for the child, the need to live near elderly relatives, etc. When exchanging an apartment in the center for an equivalent one in a remote area, you can also receive material benefits in the form of an additional payment without losing square meters.

Exchange of an apartment for a country house

One of the most pronounced trends of recent times. More and more city residents who own real estate in Moscow are seeking to move outside the city, away from the bustle of the metropolis. But it is worth remembering that the distance from the capital must be compensated by a favorable environmental situation, good transport accessibility and the presence of developed infrastructure, including a school, kindergarten, shops, a clinic and other socially important facilities.

Trade-in

This is an exchange of secondary housing for an apartment in a new building with an additional payment. The essence of the procedure is to offset the cost of the old apartment when buying a new one. In this case, an agreement is concluded for the sale of secondary real estate and at the same time housing in a new building is booked, usually for a period of 2-3 months, at a fixed price. During this time, the owner must sell the old property, and the proceeds are used to partially pay the cost of the new apartment. The main difficulty of this option is the short period of time during which you need to sell the old apartment. If it fails, the previously fixed housing price will inevitably increase.

Exchange with replacement of collateral

This option is relevant for apartments taken on a mortgage. Not every owner is able to fully repay the loan before exchange, and transferring the debt to a third party is not very profitable for the bank. The exchange process with the replacement of collateral is regulated by Article 345 of the Civil Code of the Russian Federation, and the bank’s consent to the exchange of housing and compliance with certain conditions that are individual for each bank are required. For example, some institutions require that part of the debt be covered, and payment must be made without delay within 5–6 years. After the exchange, the purchased apartment becomes the collateral, the purchase of which must be approved by the bank after a professional assessment. The encumbrance is removed from the sold apartment. The procedure for exchanging housing purchased with a mortgage is possible only through purchase and sale.

How to exchange an apartment in Moscow correctly

Finding a suitable exchange option is only half the battle. It is necessary to carry out the procedure itself correctly so that subsequently there are no problems with the right to ownership of housing. In order for the transaction to be completely legal, you will need to collect a package of documents, which includes:

title documents defining the ownership of the apartment;
cadastral passport of the premises;
an extract from the house register and a copy of the personal financial account;
certificate of appraised value of housing;
documents identifying the parties to the transaction.

Additionally, documents may be required indicating that the transaction does not violate the rights of third parties:

marriage or divorce certificate;
the consent of the spouse to conclude an agreement if the apartment was purchased during the marriage;
a certificate from the department of guardianship and trusteeship of minors in the event that minors are registered or have shares in the exchanged apartment.

After collecting a package of documents and their legal examination, you can proceed directly to the exchange procedure.

In the event that it is carried out classic exchange, which does not involve purchase and sale, then the participants in the transaction only need to draw up an exchange agreement and send documents for state registration. At the same time, the contract must provide for all the nuances of the exchange. So, if owners exchange apartments of unequal value, this must be reflected in the contract, otherwise, for example, a five-room apartment in an elite area may turn out to be equivalent under the contract to a three-ruble note on the outskirts. A mandatory document for the exchange agreement is a transfer deed or other document confirming the fact of exchange of apartments. It is signed either simultaneously with the contract or after receiving a certificate of ownership.

Important!
The owner has the right of ownership of a new apartment from the moment of state registration in Rosreestr, even if the other party to the exchange has not yet formalized this right.

The advantage of the exchange transaction is that if it is declared invalid, the injured party can regain their previous housing. Its significant drawback is that it can take a very, very long time to find an option for housing for exchange.

Agreement on the exchange of residential premises provided under social tenancy agreements, is still the only opportunity to change the living conditions for owners of municipal apartments. The peculiarity of the exchange in this case is that it is regulated by the Housing Code of the Russian Federation. The possibility and rules for the exchange of municipal housing are prescribed in Articles 72–74 of the RF Housing Code, and the right to exchange such premises is in part 1 of Article 49 of the RF Housing Code, part 1 of Article 60 of the RF Housing Code, paragraph 4 of part 1 of Article 67 of the RF Housing Code.

It is important!
By law, the exchange of municipal apartments is possible only with the same residential premises provided under social tenancy agreements. In this case, the written consent of the landlord and absolutely all members of the tenant’s family living in this premises is required; or guardianship and trusteeship authorities - if the latter are minors, incompetent or partially capable citizens. The consent of other residents (“registered”) is not necessary if they are not family members. Registration of such an exchange agreement with Rosreestr is not required.

Exchange under a purchase and sale agreement today is the most popular option for concluding such transactions. Such an exchange can only be carried out if all its objects are privatized.

There are two types of exchange under the contract: direct and alternative.

Direct or “pure” exchange implies a transaction with the direct transfer of housing by the parties in exchange for mutual interest. This is a simple exchange scheme without a chain of purchase and sale of a series of apartments. And it’s good for everyone, except for one thing: where to find two homeowners who would be completely satisfied with each other’s options? The method of exchanging housing “directly” significantly limits the freedom to choose an apartment, which is especially inconvenient when exchanging one property for several, and therefore is quite rare in the real estate market today.
At alternative exchange the owner of the apartment being sold is also the buyer of another home. His home is put up for sale, after a buyer is found for it, the seller selects a suitable option, and the money he receives for his apartment is used to pay for a new home. Despite its simplicity, the scheme presupposes the presence of a third party to the transaction - a “net buyer” who has sufficient funds for the purchase. Because of this, the number of apartments involved in one transaction can be quite significant - up to 7 or 8. And the main difficulty of the procedure is that all contracts must be signed at the same time. After concluding a purchase and sale agreement, as in the case of drawing up an exchange agreement, it is necessary to register the ownership of housing in Rosreestr.

Real estate agency services vs own efforts

Many apartment owners decide to carry out the exchange procedure on their own, hoping to save on the services of a real estate agency. This approach is justified only if a person is actually well versed in the real estate market, and in addition, understands the legal aspects of transactions and knows how to protect himself from scammers.

Very often, when searching for an apartment on their own, owners come to the attention of unscrupulous sellers and not only risk overpaying for the apartment, but may even lose both housing and money. There are often cases when exchange transactions were declared invalid due to the fact that the apartment had other owners who were not indicated in the contract, or the exchange was generally carried out using forged documents.

To protect yourself from such troubles, it is best to contact a real estate agency. It is real estate specialists who will be able to correctly evaluate the exchange partner, check the legal cleanliness of the apartment, the correctness of the paperwork and the possibility of carrying out the procedure. Professionals, in addition, have their own real estate databases, which means they will be able to select the appropriate option in the shortest possible time, which will significantly save time and money on the search. As a rule, agencies are interested in providing the client with all the most complete and reliable information about the proposed exchange options, and guarantee their “purity”.

Another nuance is the paperwork. Independent registration can cause difficulties associated with incapacitated or minor citizens registered in the apartment and with illegal redevelopment. The agency's specialists help solve these problems as soon as possible.

Exchange of housing is a complex and lengthy process, which is also associated with serious financial risks. You should not experiment and refuse the services of professionals, even if it seems to you that you know everything about your apartment and are quite capable of monitoring all the nuances of the transaction.

Editorial opinion

Exchange of an apartment in Moscow today is practically impossible without the participation of a qualified intermediary - a real estate agency. This is due to both legal difficulties and purely organizational ones. Even as an absolutely free person to make an informed choice, it is incredibly difficult to select, view and check the legal purity of housing in the required number of options on your own. At the same time, searching and selecting a reliable realtor - a necessary condition for carrying out real estate transactions - also requires a certain amount of effort.

If an exchange is possible, it is necessary to collect a number of documents: an application from the employer, signed by all adult family members, including those temporarily absent; original order or rental agreement; certificate of persons living in this living space; a certificate from the housing maintenance organization confirming that there are no debts on utility bills. If minors, incompetent or partially capable persons live in the apartment, you must obtain written consent from the guardianship and trusteeship authorities to complete this transaction. Next, between tenants wishing to make an exchange, an agreement on the exchange of residential premises is signed. Its original is presented by the employers to each of the landlords with whom they have concluded social rental agreements in order to obtain consent to carry out the relevant exchange. Content:

How to exchange an apartment correctly.

How to exchange an apartment

EGRN: The Unified State Register of Real Estate (USRN) is maintained by ROSREESTR - the Federal Service for State Registration, Cadastre and Cartography. Since 01/02/2017, the register of real estate objects and rights to them has been maintained in electronic form. 6. Applications to Rosreestr: You can submit an application to Rosreestr through the MFC - multifunctional centers “My Documents”, regardless of the location of the property. Rosreestr is closing its offices for receiving and issuing documents.
7. Confirmation of ownership: A certificate of state registration of ownership is no longer issued. The only evidence of a registered right is the presence of a record of this in the Unified State Register of Real Estate, therefore, after registration of ownership, the new copyright holder will be issued an extract from the Unified State Register of Real Estate, containing complete and reliable information about the property, registered rights and restrictions on rights. 8.

How does the exchange of apartments take place?

of the Russian Federation on enforcement proceedings, in the event of: 1) the death of a debtor-citizen, declaring him dead or recognizing him as missing, if the requirements or obligations established by a judicial act, an act of another body or official cannot pass to the legal successor and cannot be implemented by the trustee , appointed by the guardianship and trusteeship body; 2) making an entry on the exclusion of a legal entity (debtor-organization) from the unified state register of legal entities. 3. A one-time compensation to the persons specified in part 1 of this article cannot exceed one million rubles.4.

The Russian Federation, represented by the rights registration authority, has the right of recourse in the amount of amounts reimbursed by the Russian Federation in accordance with this article.

How to exchange apartments without buying and selling

Important

In turn, the opportunity to “exchange an apartment for a larger one with an additional payment” is exactly what citizens who want to improve their living conditions need; In addition, there are always people who want to exchange a large apartment for two smaller apartments. In this case, we are most often talking about the division of inheritance or about separation - during a divorce, family members share a common living space and move to live in separate apartments.

When making an exchange, much depends on the location and condition of the apartment; for example, a small apartment in the central area of the capital can be exchanged for a fairly spacious living space located at a certain distance from the center. Moreover, there is a possibility that the owner of an apartment in the center will not have to pay an additional fee.

How to exchange an apartment correctly. real estate exchange methods

How to exchange apartments Long-distance exchange was a lifesaver, although it took an incredible amount of time and effort. And now it does not eliminate the need to search for a buyer in one’s own city or search for an apartment in a foreign one.
And only a good real estate agency helps people with these troubles. This exchange is usually made through a sale and subsequent purchase.

There are also alternative transactions, as well as direct exchange of an apartment (secondary housing), but much less frequently. These three options are used most often by real estate agencies.

The first option is the simplest, and therefore the most often used. If the owner of the apartment has sufficient experience in working with real estate, he may not need a professional realtor.

Housing consultant

However, the fact that the housing belongs to the city does not mean that those living in this apartment cannot claim improved living conditions, and the only way to expand the living space (or change the area) is the same exchange. However, such transactions have not become widespread due to the need to collect numerous papers, as well as the unprofitability of the exchange for the owner of privatized housing.
Living in a municipal apartment is regulated by a social tenancy agreement, and when the owner of a private apartment moves to a municipal one, this agreement is renewed in his name, and the other party receives full ownership of the apartment.

Features of an apartment exchange agreement in 2018

Tax deduction

In this article we will look at the tax deduction when exchanging an apartment. Let's learn about the registration procedure. We will sort out the necessary documents.

Attention

When carrying out a housing exchange transaction, as well as when concluding a purchase and sale agreement, the buyer and seller have tax obligations. The exchange agreement is also the basis for obtaining a property deduction for each of the parties to the agreement.

Today we will talk about the specifics of filing a deduction under an exchange agreement, and also provide answers to common questions on the topic. Tax obligations when exchanging housing Under the provisions of the Tax Code, the party who exchanged real estate on the basis of an exchange agreement is required to pay personal income tax only if the exchange was made with an additional payment.

Tax deduction when exchanging an apartment with an additional payment in 2018

Exchange of privatized housing There is also an agreement called “purchase and sale”, which has many differences from the exchange agreement. The difference is that a purchase agreement involves the exchange of some property for cash.

In turn, an exchange agreement provides for the exchange of one property for another, and if such a transaction is unequal, an additional payment is required. The advantage of the exchange is that the home buyer does not need to deal with huge amounts of money, but this operation is more complex and time-consuming. The exchange of apartments (privatized) between relatives involves an agreement between persons, the living space of one of whom is personal property. This exchange provides for registration in the Register and re-registration with cadastral authorities. The procedure ends with the issuance of a new registration certificate to each participant in the agreement.

How to exchange an apartment without additional payment in 2018

Thus, the person who made the exchange has a real chance to be freed from the tax burden: if the amount of the additional payment received is less than or equal to 1 million, there is no need to pay income tax. Example No. 2. Skvortsov exchanged a country house (estimated value: 2 million).

420 thousand rubles) for a two-room apartment (estimated value - 1 million 806 thousand rubles) and received an additional payment of 614 thousand rubles.

Since the tax base (614 thousand) is less than the deduction, Skvortsov does not need to pay tax. Another way to reduce the tax burden or exempt from paying tax completely is to apply for a deduction for the amount of the purchase of housing.

In this case, the following mechanism is provided: if the person who received the additional payment has documents confirming the expenses for the sold housing, then the citizen can reduce the tax base by the amount of such expenses. If the apartment is sold for less than the purchase price, then you do not need to pay tax.

Legal assistance!

Moscow and region

St. Petersburg and region.

Federal number

The most common searches for property owners who want to change their living conditions include:

Move into more spacious housing. A similar desire arises among owners whose family has a 2nd or 3rd child, as well as among people who want to equip an office, gym, library, etc. in their apartment.
Move to a new house. This exchange option is relevant for people who have high demands on living conditions.
Change district or city. This decision is most often prompted by a change of job. As a rule, in such a situation we are talking about an equal exchange.
Improve your financial situation. This can be done in the case where a large apartment is exchanged for smaller housing. In this situation, the apartment owner receives an additional payment. This option is suitable for elderly couples or people whose work involves regular long-term business trips, who, due to age or employment, cannot fully care for spacious apartments.
Separate. Former spouses or parents with adult children often exchange one large apartment for two or even three smaller homes.

When making a real estate exchange transaction, much depends on the condition and location of the apartment. For example, a small apartment in the center of the capital can be easily exchanged for more spacious housing in an area remote from the center. Another important fact is whether your apartment is privatized or municipally owned.

It should also be taken into account that independent exchange requires a lot of time and effort - collecting documents, assessing real estate, checking the legal purity of a new apartment, etc. The best option is cooperation with a trusted real estate agency, whose specialists will analyze your situation and offer a suitable exchange option.

Property exchange methods

In modern conditions, three options for conducting real estate exchange transactions are most relevant:

Exchange through purchase/sale. The owner of the apartment finds a buyer for his property and at the same time selects the living space he would like to purchase.
Direct exchange. The essence of the method is as follows: one property is exchanged for another. Despite its apparent simplicity, this operation is quite complex, since the number of owners who plan to make an exchange is several times less than the number of people who simply want to sell an apartment. The realtor's goal is to offer conditions that would suit both parties to the transaction. Direct exchange is suitable for both privatized and non-privatized real estate.
Alternative trade (hidden exchange). This type of operation allows reducing the financial risks of the parties to the transaction. An alternative exchange involves the following: the buyer of the apartment gives the seller an advance, which the latter pays for the chosen housing. This makes it possible to fix the price and confirm the intention to complete the transaction. There are risks for owners who plan to sell an apartment and immediately purchase a new home. A sharp jump in prices may cause the owner of the selected living space to change his mind about selling it. As a result, the buyer is left without his apartment and without his “dream apartment.” These are the dangers that alternative exchange allows you to bypass.

Trade-in deal

A fairly new, but already widespread housing exchange scheme involves a quick move to an apartment in a new building, for which payment the previous living space is accepted. The main advantages of this exchange option are efficiency (from paperwork to moving it takes only 3 days).

Exchange of real estate using maternity capital funds

This is a popular transaction format, which is often practiced by large real estate agencies. The peculiarity of the exchange in this case is that the funds that the state pays at the birth of a child can only be used when the baby turns 3 years old.

Is it possible to exchange an apartment with a mortgage?

This is a relevant issue for our time, since most of the real estate is purchased with the help of credit funds. If you decide to exchange an apartment with a mortgage, then be prepared for the fact that three parties are involved in this investigation: you, the bank and the owner of the other apartment.

The operation includes the following steps:

You notify the bank of your intention to exchange your mortgaged home.
Two contracts are concluded – the sale of real estate and the purchase.
The buyer, as a deposit, pays the seller an amount equal to his debt to the bank.
The bank removes the encumbrance on the property.
The seller receives the remaining amount.

Exchange of municipal housing for privatized

These transactions are regularly carried out by realtors, since many apartments are municipally owned, but they are not widespread due to the need to collect a large number of documents. In addition, such an operation is unprofitable for the owner of privatized real estate: his residence in such an apartment will be regulated by a social tenancy agreement, while the second party to the transaction will become the full owner of the property.

Owners of municipal housing are limited in their choice of exchange options. Only an exchange agreement is suitable for them, and in order to exchange an apartment in another way, they will have to first privatize it. Please also take into account that the price for non-privatized housing is lower than for similar, but privatized real estate.

Tax on real estate exchange

According to Article 567 of the Civil Code, the same tax rules apply to an exchange agreement as to a purchase and sale agreement. In other words, the one who transfers ownership of the home is the seller, and the other party is the buyer. Payment of tax is carried out in kind at the cost, which is reflected in the exchange agreement. The tax is not charged if the exchanged apartment belongs to the owner for more than 3 years.

What documents are required?

The package of documents includes:

Title documents (they determine the ownership of real estate).
Cadastral passport of the premises.
An extract from the house register (details how many people are registered in this apartment).
A copy of the financial personal account (proves that there is no debt on utility bills).
A document determining the estimated value of housing. A real estate appraisal must be ordered in advance.
Passports and birth certificates of the parties to the transaction.

You will also need documents that make it possible to make sure that the conclusion of the transaction will not violate the rights of third parties:

Marriage certificates, divorce certificates. If the apartment being exchanged was purchased during marriage, then you will receive the written consent of the husband/wife - even if the marriage has already been dissolved (the apartment is considered jointly acquired property and the rights to it belong to both spouses);
Certificate from the Department of Guardianship and Trusteeship. The document is needed if the transaction is concluded with housing in which minors (have shares or are registered in it) or incompetent (partially capable) persons live. The guardianship and trusteeship authorities have the right to prohibit the exchange if, as a result of the transaction, the living conditions of the listed citizens worsen.

In addition, if you want to make an exchange, you will have to obtain permission from all persons who are registered in the apartment with you. Consent must also be obtained from those people who have rights to your housing, but do not live in it (relatives on a long business trip or in military service, etc.).

Service cost

The cost of supporting the exchange of apartments depends mainly on the type and complexity of the transaction, as well as on the timing of the operations. One of the advantages of cooperation with the BEST-Real Estate agency is the fixed cost of the service specified in the contract.

Transactions involving exchange are classified as more complex than purchase and sale transactions. Qualified realtors from specialized agencies will help you avoid risks and save time and effort. The employees of the BEST-Real Estate company have extensive practical experience and deep knowledge in this field of activity, which allows them to solve problems of any complexity. We will quickly find a suitable option for you, evaluate the property, conduct its legal review, etc.

You can familiarize yourself with the full list of our services, and on this page you will learn how to get the maximum benefit when conducting real estate transactions.

Advantages of BEST-Real Estate:

25 years of work and more than 60 thousand successfully completed transactions.
Own real estate database in Moscow and other cities, as well as in the Moscow region.
Consulting clients.
400 competent agents.
Providing reliable information.
17 offices (Moscow, Serpukhov, Yalta, Sochi).

The exchange of real estate, in fact, is the simplest and most convenient way to improve (change) living conditions, since the transaction involves a quick move to a new place of residence, relieving the parties to the transaction from hassle. In this article, experts from the portal site discuss various methods of apartment exchange, and also provide a list of documents that need to be prepared for the upcoming operation.

Goals and means

There are a number of reasons that encourage citizens to change their usual place of residence, to exchange their own housing; accordingly, there is not one, but several ways to exchange real estate, each of which has its own advantages, as well as its disadvantages:

Most often, the need to exchange housing arises at the request of the owner, in other words, it is necessary to expand the living space (due to the addition of the family or as needs grow, claims to the level of comfort) or to change the area of residence to a “more attractive” one;

In the practice of modern realtors, there are clients who would like to make an exchange in order to improve their financial situation - when exchanging a spacious apartment for more modest housing, they can receive an additional payment and save a place to live. In turn, the opportunity to “exchange an apartment for a larger one with an additional payment” is exactly what citizens who want to improve their living conditions need;

In addition, there are always people who want to exchange a large apartment for two smaller apartments. In this case, we are most often talking about the division of inheritance or about separation - during a divorce, family members share a common living space and move to live in separate apartments.

Options for real estate exchange

The real estate exchange operation was the most common in Soviet times; the equivalent exchange of apartments was practiced quite often, especially when it was necessary to move to another city. The move was caused, as a rule, by a change in life circumstances, place of work, and intercity exchange of apartments relieved citizens of the need to find a buyer in their city, and then from looking for an apartment in a new location.

In the realities of the modern real estate market, when considering the question of how to exchange apartments, only three options are discussed. This is an exchange through purchase/sale, a direct exchange of one apartment for another, an alternative transaction.

The first option is the simplest and, if the apartment owner has enough experience in working with real estate, this method allows you to avoid the involvement of a professional realtor. The exchange process, in fact, is divided into two operations - first, the owner looks for a buyer for his apartment, while simultaneously finding living space that would meet his requirements.

The second option is direct exchange, a rather complicated operation that requires the realtor to have experience. The operation makes it possible to exchange, as well as to exchange non-privatized apartments. The complexity of this method lies in the fact that there are significantly fewer owners willing to make an exchange than those willing to simply sell their apartment. This significantly narrows the choice for each party to the transaction, because it is necessary to ensure that the proposed conditions suit everyone.

The third option is an alternative deal, such operations are usually carried out by realtors and reduce financial risks for the participants in the transaction. An alternative exchange involves receiving an advance from the buyer of the apartment; these funds, in turn, are paid for the housing that is supposed to be purchased. Thus, the participants in the transaction fix the price and also confirm the seriousness of their intentions, since after an advance payment it is extremely difficult to refuse the transaction.

In the case when the owner sells an apartment in order to immediately purchase a new living space, some risks arise - a sudden jump in prices (after the sale) may interfere with the purchase, or the owner of the apartment that was supposed to be bought with the proceeds may simply change his mind about selling it. As a result, the apartment has been sold, and its former owner still has nowhere to live, and the proceeds are not enough to buy a “dream apartment.” An alternative exchange allows you to avoid these risks and complete the transaction as quickly as possible.

Trade-in deal

Considering various options for exchanging apartments, one cannot help but note a rather interesting scheme, which was first practiced by developers in the capital. This is a “trade-in” scheme, which involves a quick move to an apartment in a new building, while the old apartment is accepted as payment. This type of exchange is often offered by Moscow real estate agencies and is quite popular, since the transaction takes very little time - from the start of its registration to the completion of the move, it takes about three days.

Despite the fact that transactions with secondary market apartments outnumber transactions with, more and more citizens want to move to new housing, and the exchange of an old apartment for a new building is becoming more and more common every year.

Exchange with additional payment of “maternity capital” funds

When exchanging an apartment, you can use not only your own funds, but also “maternity capital” - funds paid by the state at the birth of a child. Exchanging an apartment with an additional payment is no longer an exotic type of real estate transaction; almost all major real estate agencies offer a similar service. However, it should be remembered that “maternity capital” in this case can be used only when the child reaches the age of three.

Exchange of mortgage housing

Another type of exchange can be considered an exchange of mortgage housing, that is, apartments purchased with a mortgage loan. The question of whether it is possible to exchange an apartment with a mortgage comes up quite often, since a significant proportion of housing is purchased with credit money. When carrying out this operation, approval is required, as well as the direct participation of the bank to which the loan was issued. Technically, the following happens: two contracts are concluded simultaneously - sales and purchases; during the sale, the buyer pays off the seller’s debt to the bank or assumes debt obligations (which banks are reluctant to do). Along with the re-registration of the purchased apartment, the bank imposes an encumbrance, which does not allow the new owner to sell the property until the debt is paid in full.

Exchange of a municipal apartment for a privatized one

At the moment, not all residential real estate is privately owned; quite a lot of apartments in the city housing stock are municipal property. However, the fact that the housing belongs to the city does not mean that those living in this apartment cannot claim improved living conditions, and the only way to expand the living space (or change the area) is the same exchange.

However, such transactions have not become widespread due to the need to collect numerous papers, as well as the unprofitability of the exchange for the owner of privatized housing. Living in a municipal apartment is regulated by a social tenancy agreement, and when the owner of a private apartment moves to a municipal one, this agreement is renewed in his name, and the other party receives full ownership of the apartment.

If owners of privatized apartments can choose an exchange method among the methods listed in this article (use an apartment exchange agreement with an additional payment, a sales agreement, an exchange agreement), then for those living in municipal housing everything is somewhat different. To exchange non-privatized apartments, only an exchange agreement will do, and if you need to exchange a municipal apartment for a privatized one in another way, you must first privatize it.

Tax on apartment exchange

Another aspect of apartment exchange is taxation. The Tax Code does not in any way regulate the payment of tax when concluding a direct exchange, but the Civil Code (Article 567) determines that the same tax rules apply to the exchange agreement as in the case of concluding a purchase and sale agreement.

That is, the party that transfers ownership of the apartment is recognized as the seller, the opposite party, in turn, is recognized as the buyer. It is assumed that payment for each of the apartments is made in kind at the cost reflected in the exchange agreement. In addition, tax is not charged when exchanging an apartment if the exchanged apartment belongs to its owner for more than three years.

Documents required when exchanging an apartment

In order to exchange an apartment (however, this also applies to the sale of real estate), the owner must collect the following documents:

· Title documents that determine the ownership of the apartment;
· Cadastral passport of the premises;
· Extract from the house register and a copy of the financial personal account;
· A document establishing the estimated value of the apartment (it is necessary to conduct a real estate assessment);
· Identity documents of the parties to the transaction (passports and birth certificates).

You will also need documents that will allow you to make sure that a violation of the rights of third parties will not interfere with the transaction:

Certificates of parties to the transaction on the conclusion and/or divorce of marriage. If the property was purchased during marriage, the written consent of the spouse is required for the transaction. In addition, consent is also necessary if the marriage has already been dissolved, since property acquired during marriage is considered joint, and the rights to it belong equally to both spouses;

Certificate from the department of guardianship and trusteeship of minors. The document is required if transactions are concluded with real estate where minors live (registered or have shares).

Conclusion

Based on the information presented in this article, the website portal specialists would like to note that transactions whose purpose is to exchange one piece of real estate for another are more complex than, for example, the procedure for buying and selling an apartment. Therefore, in order to avoid risks associated with loss of time, as well as other troubles, those wishing to exchange housing are recommended to prepare the transaction themselves only if they have sufficient experience. In this case, hiring a competent realtor will help save time and nerves.

In addition, a specialist working in is able to provide a professional approach to document verification. And this is very important, because we are talking about a transaction with secondary market real estate - the apartment could well have changed several owners, which increases the risk of the transaction being declared invalid as a result of a possible violation of someone’s rights.

In the real estate market, along with the purchase or sale of apartments, there is also such a procedure as exchange. Exchange of real estate, in fact, is the simplest and most convenient way to change living conditions, since the transaction involves a quick move to a new place of residence, the parties are spared unnecessary hassle.

However, in practice, finding the most suitable options for exchange and documenting the transaction is accompanied by certain difficulties (especially for people who do not have sufficient knowledge in this area). This is readily exploited by scammers who, using various cunning machinations, either take people’s money or provide worse exchange conditions. And even when it comes to legal proceedings, the deceived person often turns out to be wrong. Therefore, the issue of housing exchange must be treated extremely carefully and responsibly.

There are two ways to exchange one apartment for another:

using a direct exchange procedure;
completing a purchase and sale transaction.

The direct exchange procedure is quite troublesome. Its essence lies in the fact that the apartment of one participant in the transaction is exchanged for the property of the second participant, and an exchange agreement is drawn up between the parties, which replaces two separate purchase and sale agreements.

However, most often the exchange of real estate is carried out in the second way, that is, the owner sells his apartment and then buys a new home. In this case, it is quite difficult to complete a transaction on your own, so in order to avoid unforeseen circumstances, it is better to contact a trusted real estate company or a competent lawyer.

Exchange with surcharge

The owner of one large apartment can try to exchange it for two smaller ones, or exchange it for one smaller apartment, but with an additional payment. As practice shows, it is quite difficult to exchange an apartment for two. Therefore, the most acceptable in this case is the second option.

Receiving additional payment for a smaller living space only at first glance seems like a simple matter. It is wrong to focus only on square meters. The amount of the surcharge will depend on many things - in particular, on the condition of the property, as well as its location. As a rule, the further from the center the apartment is located, the lower its cost will be.

Non-privatized apartment

If we are talking about the exchange of municipal apartments, to complete the transaction you will need to do the following:

obtain permission from the landlord;
collect the necessary documents:
a statement signed by all adult family members of the employer;
original social lease agreement;
certificate on the number of persons living in the apartment;
a certificate confirming the absence of debt for utility services;
written consent to exchange housing from the guardianship and trusteeship authorities (if minor children or incapacitated persons live in the apartment);
receipt of payment of state duty;
enter into a real estate exchange agreement with another tenant.

The contract signed by both parties is submitted to the landlord for review. The review period is usually 10 days.

In case of a positive decision, each employer is obliged to enter into a social rental agreement with his new landlord. After completing this operation, the transaction for the exchange of non-privatized living space is considered completed.

Privatized apartment

According to Art. 567 of the Civil Code of the Russian Federation, the procedure for exchanging privatized apartments is similar to the purchase and sale procedure.

When concluding an exchange agreement, each party acts as both a seller and a buyer.

In this situation, each of the participants in the transaction will have to collect the following papers:

passport;
title documents for the apartment (sale and purchase agreements, donations, documents received as a result of privatization);
certificate of registration of ownership of real estate;
cadastral passport for the apartment;
certificate of appraised value of housing;
a copy of the financial personal account and an extract from the house register about the residents registered in the apartment;
certificate of registration/divorce.

Exchange of apartments between cities

Intercity exchange of residential real estate involves the relocation of copyright holders to another region and is carried out at the request of the initiator of the process.

In this situation, the parties first inspect the selected housing, arriving in the city of interest, and then draw up an appropriate agreement.

If the apartments are owned, it will be much more effective to conclude a purchase and sale transaction than an exchange.

The exchange of residential premises located in different cities is a rather complicated procedure, so to carry it out it would be advisable to seek the services of experienced realtors or lawyers.

How to register

The transaction for the exchange of privatized apartments is carried out in several stages:

searching for suitable options;
drawing up and signing an exchange agreement;
certification of the contract by a notary;
registration of the transaction in Rosreestr and obtaining a certificate of ownership of the new home.

How much does it cost to exchange apartments?

The fee for state registration of an exchange agreement with the Rosreestr authorities will cost 200 rubles for each party to the transaction.

Do I need to pay tax

The legislator does not establish the amount of tax for such a transaction as the exchange of real estate. However, according to the norms of the Civil Code of the Russian Federation, barter is equivalent to a purchase and sale agreement. Therefore, the established tax of 13% of the cost of the sold apartment will also be relevant for the exchange transaction.

If a citizen has owned housing for less than 5 years, he is exempt from the obligation to pay tax.

Nuances

The procedure for exchanging apartments is fraught with many different nuances. Its safety can only be ensured through a reasonable approach.

In order to correctly draw up an agreement and formalize the exchange transaction, the best solution would be to turn to the services of specialists experienced in this field.